Requests for File Access and Copies
Prior to the Commissioner filing an approved Inventory or Account with the Court, members of the general public are not permitted to review or copy the supporting documents.
No person, whether an interested party or a member of the general public, may review or copy working papers and notes of the Commissioner and his or her staff.
The information below provides information to interested parties on how to obtain copies of documents filed with this office.
1. Once the Commissioner has approved an Inventory or Account and it is filed with the Court, these documents are considered public record and members of the general public may obtain copies of approved filings from the Commissioner’s office through the Court at a cost of $0.50 per page.
2. Interested parties, including fiduciaries, beneficiaries, heirs, bonding companies, claimants, and their respective attorneys, may review filings and related correspondence prior to the Commissioner approving the documents.
- Interested parties may obtain copies of the unapproved filings and attached schedules, at a cost of $0.50 per page.
- Interested parties are permitted to inspect supporting documents in the Commissioner’s office; however, copies of such supporting documents are available only upon the prior approval of the Commissioner, which may be withheld in his or her discretion. Copies will cost $0.50 per page.
- Attorneys may be required to show proof of their representation of an interested party.
3. Any heir or beneficiary may receive copies of filings, excluding supporting documentation, after sending a formal written request to the personal representative. The personal representative filing an Inventory or Account with the Commissioner shall then be required to send a copy of that filing, excluding supporting documentation, to any heir or beneficiary who submits a formal written request. (Virginia Code § 64.2-1303).
- Prior to seeking copies from the Commissioner’s office, an interested party should make such a request of the personal representative.
- The Commissioner’s office requests a copy of any formal requests for copies from any heir or beneficiary be sent to this office.
- More information regarding copies to beneficiaries and heirs is proved of the Notice Regarding Estate found on our “Forms” page.
4. After the Commissioner of Accounts completes work on an Account, the Commissioner files it and a Commissioner’s Report approving the Account in the Clerk's office. An interested party may make written request to receive a copy of the report to the Commissioner, who will mail the report on or before the date that it is filed in the Clerk's office.
5. Fee for Copies: The person requesting the copies shall pay a fee of $0.50 per page for all copies, without regard to the manner in which copies may be delivered.
Exceptions to Accounts & Reports
Procedure for Filing Exceptions to a Fiduciary Accounting or to Commissioner's Report
Exceptions to a fiduciary's accounting and/or a Commissioner of Accounts' report must be filed in the Probate Division of the Circuit Court Clerk's Office.
The Probate Division is located in Suite 6400, on the sixth floor of the Arlington County Courthouse, 1425 N. Courthouse Road, Arlington, VA 22201.
The Probate Division is open from 8:00 a.m. - 4:00 p.m., Monday through Friday.
1. Where to File: Exceptions to a fiduciary's accounting or Commissioner of Accounts' report are in the Probate Division.
a. There is no filing fee for filing an exception.
b. If you want a file-stamped copy of the exception returned to you, enclose a copy of the exception and a self-addressed stamped envelope.
2. Timing: If no exceptions have been filed, the report shall stand confirmed on the day next following the expiration of the period of 15 days after the day on which the report was filed in the clerk's office. (Virginia Code §64.2-1212)
a. If fifteen (15) days have not yet passed since the account/report has received from the Commissioner of Accounts, the account/report has not yet been admitted to record. On the sixteen (16) day after the document was received from the Commissioner of Accounts, the exception, accounting/report and fiduciary file will be forwarded by the Clerk to the Court for review.
b. If fifteen (15) days have passed since the account/report has received from the Commissioner of Accounts, the Clerk will immediately forward the exception, accounting/report and fiduciary file will be forwarded to the Court for review.
3. The Court will enter an order with instructions on how the movant and/or clerk's office should proceed. There are four possible outcomes:
a. If exceptions are filed past the 15 day deadline, the Court's order will indicate that the filing of an exception was not made timely and state that no further action is needed;
b. The Court reviews and confirms the accounting/report. The Clerk will be directed to record the document in the Will Book and no further action will be taken;
c. The Court orders the Clerk to return the document to the Commissioner of Accounts for further review.
d. The Court orders the movant to appear at the next Civil Term Day and further orders the movant to file a Certificate of Service which notifies all interested parties that the case will appear on the Civil Term Day Docket to set a hearing date regarding the exception.
4. The Clerk's office will send the movant or movant's attorney a certified copy of the order.
5. All documents are filed in the Probate Division and are kept in the fiduciary file unless the court enters an order transferring the matter to a civil action file. If the matter is transferred to a civil action file, the filing fees are waived.
6. Failure to comply with the Court's order will result in the Court's issuance of a show cause order to the movant as to why the document in question should not be admitted to record, as approved by the Commissioner of Accounts.
